Town Board Approved May 8, 2000

REGULAR MEETING OF THE

TOWN BOARD OF SUPERVISORS

Municipal Complex - Assembly Room

Monday, March 27, 2000

MINUTES

Agendas with resolutions were posted at the Municipal Complex, Fire Station 40, Utility District, Appleton Public Library, Menasha Public Library, and Neenah Public Library.

  1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND ROLL CALL

Town Chair Arden Tews called the Regular Meeting of the Town Board of Supervisors to order at 6:05 p.m. and led the Pledge of Allegiance.

Deputy Clerk Heiting noted the roll as follows:

PRESENT:

Arden Tews, Town Chair Jeanne Krueger, Supervisor #1

Bob Sprague, Supervisor #2 Allen Nennig, Supervisor #4

Carl Sutter, Town Engineer John Claypool, Town Attorney

Bogdan "Bob" Vitas, Administrator Grace Vander Velden, Dir. of Finance

William Weiss, Police Chief George Dearborn, Dir. of Com. Dev.

Gaylene Nash, Asst. to Admin Don Cox, Fire Chief

William Weiss, Police Chief Richard Eiberger, Assessor

Mary Heiting, Deputy Clerk Randy Gallow, Street Superintendent

Mary Rauen, Executive Secretary

EXCUSED:

Jerry Jurgensen, Supervisor #3 Carlene Sprague, Town Clerk

ALSO PRESENT:

II. AWARDS/PRESENTATIONS – None

A. Presentation - ISO Rating - George Dearborn

George Dearborn, Director of Community Development summarized the ISO Rating and introduced Len Moes, Building Inspector and Lori Jencks, Deputy Building Inspector. He also introduced Richard Eiberger, Assessor who has contributed to the success of the Building Inspections Department with his assistance through the years.

Len Moes stated that we received the highest possible rating for the Town of Menasha. To achieve a higher grade, the State of Wisconsin would have to adopt an International 1-2 Family Code requirement. Another option to raise our grade would be if the State of Wisconsin would review all the plans. If the Town of Menasha would have an Engineer or Architect on staff we could also raise our grade.

  1. PUBLIC FORUM – NON-AGENDIZED TOWN RELATED MATTERS

Chairman Tews stated that the recent meeting had revealed the Outagamie County Airport Overlay proposals.

Director of Community Development, George Dearborn explained the current map corrections that the Town of Menasha has proposed. The areas most effected would be zone 3. Outagamie County is proposing for Zone 3 an Avigation Agreement to allow someone to reconstruct a home if it is damaged by fire or need to do an addition. The alternate they are proposing is a variance on that property.

Chairman Tews received a petition collected from Martin Olsen, resident. Chairman Tews directed staff to agendize a resolution for the next Town Board meeting to make our presentation to the Outagamie County Board. His directive was to take the Stroebe Island area, and that portion of Deerfield and Fox Meadows with W. Butte des Morts Beach out of that airport overlay district.

George Dearborn read a draft resolution of what the resolution would state, modifying what Zone 3 would state for the Town of Menasha.

John Schaidler, 623 E. Shady Lane and Supervisor for Winnebago County District 28. This proposal has been before us for the last 4 years. We have met with the Outagamie County to minimize the impact of this airport overlay. The lawsuit from the Town of Clayton and the Court found in favor of Outagamie County and said they had to right to go ahead and push those overlays into extraterritorial areas.

Richard Eiberger stated they challenged the jurisdiction of the County to implement law. But people have a right to challenge the impact of that law, and today you have to have a clear understanding when encumbrances are placed upon property by zoning or other acts, it could be ruled as a taking. A taking of the bundle of rights, an encroachment on property, therefore class action suits are filed in these cases for monetary value, but the County also has the authority to compensate for a taking.

Mike Lynch, 1274 E. Shady Lane stated that he thanked the staff for publishing and posting the agenda for the Annual Meeting. He pointed out that the Annual Town Meeting Agenda did not have the Park Department "proposed property".

Attorney Claypool on the statute 60.10 you may have it on the Agenda and discuss it in theory and input, but he was not sure if the Annual Town Meeting has the power or authority to act on what was requested.

Much discussion ensued.

It was the consensus of the Town Board of Supervisors to amend the Annual Town Meeting Agenda to include the proposal of Town of Menasha land to be decided if it would be sold, or if the Electors would keep the Town land. The amended agenda would include whether the Town land would be used for park purposes.

Tom Gritton, 1320 Oriole Court stated he is running for Circuit Court Judge Branch 1 in the Spring Election. He stated that he would be the local representative because his office and home are in this area. He is also a paid on call Lieutenant in the Fire Department.

Kate McQuillan, 916 Jacobsen Road inquired that at a previous annual meeting, she understood the Town of Menasha voters authorized the Town to sell the land. She would like to see the sale of Town land on this upcoming Annual Meeting Agenda.

  1. DISCUSSION ITEMS

  1. OLD BUSINESS

A. 000313-6: Contract Award - Job Classification / Compensation - Staffing Level Study

MOTION: Supervisor Sprague, second Supervisor Nennig to wards the Job Classification/Compensation - Staffing Level Study to DMG Maximus. Motion carried unanimously, with Supervisor Jurgensen excused.

  1. NEW BUSINESS

A. 000327-1: Rezoning - Warehouse Specialists Inc. - (008-0416, 008-04120, 008-3251)

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the rezoning as submitted. Motion carried unanimously, with Supervisor Jurgensen excused.

B. 000327-2: Certified Survey Map - Super Valu Holdings Inc., Kenneth Syring City of Menasha (part of 008-0336-00, 008-0036-04; all of 704-0783-08, 704-0783-09)

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the certified survey map as submitted. Motion carried unanimously, with Supervisor Jurgensen excused.

Chairman Tews passed the gavel to Vice Chair Sprague.

C. 000327-3: Rezoning - High Plain Meadows - (008-0526-01)

MOTION: Supervisor Krueger, second Supervisor Nennig to adopt the resolution and approve the rezoning from A-2 (General Farming) to R-2 (Suburban Residential) as submitted. Motion carried (3-0) Krueger, Sprague, Nennig-Aye, Chairman Tews-Abstained and Supervisor Jurgensen excused.

Vice Chair Sprague passed the gavel to Chairman Tews.

D. 000327-4: Certified Survey Map - Strohmeyer - (008-0526-01)

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approve the certified survey map as submitted. Motion carried unanimously, with Supervisor Jurgensen excused.

E. 000327-5: Conditional Use Permit - Apple Valley Church (008-5185)

MOTION: Supervisor Nennig, second Supervisor Krueger to adopt the resolution and approve the conditional use permit with the conditions mentioned on the Planning memo. Motion carried (3-1) Krueger, Nennig, Chairman Tews-Aye, Sprague-Nay and Supervisor Jurgensen excused.

F. 000327-6: Certified Survey Map - John Samp - (008-1634, 008-1635)

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the certified survey map as submitted. Motion carried unanimously, with Supervisor Jurgensen excused.

G. 000327-7: Certified Survey Map - Morgenson - (008-0206)

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approve the certified survey map as submitted. Motion carried unanimously, with Supervisor Jurgensen excused.

H. 000327-8: Conditional Use Permit Modification - St. Mary Central High School - (008-4793, 008-4815, 008-4811)

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approve the conditional use permit with the conditions specified in the Planning memo. Motion carried unanimously, with Supervisor Jurgensen excused.

I. 000327-9: Special Assessment - Street, Storm Sewer, Water and Sanitary Sewer Construction - Golf Village Phase II

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the Special Assessment for Golf Village Phase II. Motion carried unanimously, with Supervisor Jurgensen excused.

J. 000327-10: Intermunicipal Agreement - Year 2000 Crack Sealing & Chip Sealing Programs

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the Intermunicipal Agreement with the City of Menasha, and Town of Grand Chute for Year 2000 Crack Sealing and Chip Sealing Programs. Motion carried unanimously, with Supervisor Jurgensen excused.

K. 000327-11: Bid Award - Millpond Lane & Blackmoor Circle Street Construction

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and award the bid to Sommers Construction with the low bid of $92,336.80. Motion carried unanimously, with Supervisor Jurgensen excused.

L. 000327-12: Bid Award - Millpond Lane & Blackmoor Circle - Sanitary Sewer, Water Main & Storm Sewer

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and award the bid for Sanitary Sewer, Water Main & Storm Sewer to R.J. Immel Exc., Inc. with the low bid of $134,865.20. Motion carried unanimously, with Supervisor Jurgensen excused.

M. 000327-13: Amendment to the Intergovernmental Agreement - STH 150 Multimodal Trail North Clayton Avenue and Spring Road Drive

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the amendment to the Intergovernmental Agreement for the STH 150 Multimodal trail. Motion carried unanimously, with Supervisor Jurgensen excused.

N. 000327-14: Exemption from Assessment of Town Refuse/Recycling - 1840, 1810, 1820, 1830 and 1850 CTH "II", Town of Menasha

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution and approve the exemption from Assessment for the above listed addresses. Motion carried unanimously, with Supervisor Jurgensen excused.

O. 000327-15: Ditch Enclosure Lakeview

MOTION: Supervisor Nennig, second Supervisor Sprague to adopt the resolution and approve the Ditch Enclosure for Lakeview Lane as submitted. Motion carried unanimously, with Supervisor Jurgensen excused.

P. 000327-16: Ditch Enclosure - Bonnie Drive

MOTION: Supervisor Sprague, second by Supervisor Nennig to amend the resolution as follows:

"WHEREAS, the total cost of enclosing the ditches at 1618 Sandys Lane, 1350, 1368, 1280 and 1400 Bonnie Drive is as follows: not to exceed a total of $8,178.00. "

George Longhini, 1618 Sandys Lane $1,578

Thom Miron, 1350 Bonnie Drive $1,660

LeLand Haskins, Sr. 1368 Bonnie Drive $1,729

Dennis Maquire, 1380 Bonnie Drive $1,846

Michael Law, 1400 Bonnie Drive $1,358

The amendment to the resolution carried unanimously.

MOTION: Supervisor Sprague, second Supervisor Krueger to adopt the resolution as amended for the ditch enclosure. Motion carried unanimously, with Supervisor Jurgensen excused.

Q. 000327-17: Set Annual Meeting Location - Spring Road School, April 11, 2000

MOTION: Supervisor Nennig, second Supervisor Sprague to adopt the resolution and approve the change of location to Spring Road School. Motion carried unanimously, with Supervisor Jurgensen excused.

R. 000327-18: Budget Transfer - Assessor Staff Vehicle Repair

MOTION: Supervisor Sprague, second Supervisor Nennig to adopt the resolution and approve the budget transfer of $250.00 from 101E51900-510 to 101E51530-355 to cover the replacement windshield. Motion carried unanimously, with Supervisor Jurgensen excused.

S. 000327-19: Expenditures

MOTION: Supervisor Nennig, second Supervisor Sprague to adopt the resolution and approve the expenditures with the exception of (none). Motion carried unanimously, with Supervisor Jurgensen excused.

VII. ORDINANCES

A. 000313-1:ORD Amending Chapter 9, Section 9.13(2)(a) of the Town of Menasha MunicipalCode - Hotel and Motel Room Tax SECOND READING

MOTION: Supervisor Sprague, second Supervisor Nennig to accept the first reading of the ordinance as submitted. Motion carried unanimously, with Supervisor Jurgensen excused.

VIII. RESIGNATIONS/APPOINTMENTS

A. 000327-1:RES Resignation - Town Administrator

MOTION: Supervisor Krueger, second Supervisor Nennig to approve the resignation of the Town Administrator. Motion carried (3-1) Krueger, Nennig, Chairman Tews-Aye, Sprague-Nay and Supervisor Jurgensen excused.

B. 000327-2:RES Resignation - Director of Finance/Treasurer

MOTION: Supervisor Nennig, second Supervisor Sprague to approve the resignation of the Director of Finance / Treasurer. Motion failed (2-2) Nennig, Chairman Tews-Aye, Krueger, Sprague-Nay and Supervisor Jurgensen excused.

C. 000327-3:APP Appointment - Paid-On-Call Fire Fighter, Station #40

MOTION: Supervisor Sprague, second Supervisor Krueger to approve the appointment of Fire Fighter Robert Mayer to Fire Station #40. Motion carried unanimously, with Supervisor Jurgensen excused.

D. 000327-4:APP Appointment - Paid-On-Call Fire Fighter, Station #40

MOTION: Supervisor Krueger, second Supervisor Sprague to appoint Fire Fighter Adrian Beyer to Fire Station #40. Motion carried unanimously, with Supervisor Jurgensen excused.

E. 000327-5:APP Appointment - Paid-On-Call Fire Fighter, Station #41

MOTION: Supervisor Krueger, second Supervisor Nennig to approve the appointment of Jamie DeLeeuw Fire Fighter for Station #41. Motion carried unanimously, with Supervisor Jurgensen excused.

F. 000327-6:APP Appointment - Paid-On-Call Fire Fighter, Station #41

MOTION: Supervisor Nennig, second Supervisor Sprague to approve the appointment of Fire Fighter William Statezny to Station #41. Motion carried unanimously, with Supervisor Jurgensen excused.

IX. APPROVAL OF MINUTES

X. CORRESPONDENCE

XI. REPORTS

A. Town Administrator

a) Town Growth

Town Administrator Bogdan Vitas, explained the recent Building Permit article in the newspaper reflects new growth in the Town for $10,898,000. This is just a beginning of things to come in the Town. This is through good planning from the staff and the decisions the Town Board has made through the years.

Richard Eiberger, commented on the roll book. All the occurrences in 1999 were very preliminary at that time but they may be reported on in the year 2000.

b) Radon Gas Issue

Administrator Vitas reviewed a local school project which found radon gas in their home. This is an issue which could be associated with this area. He would like the Town to consider making this available to the Town residents.

Deputy Clerk, added that her recent contacts with Winnebago County Health Department does have kits available for $10.00 and there may be some available at the local hardware store.

B. Town Attorney None

C. Town Clerk – Excused

D. Town Board

  1. Jeanne Krueger, Supervisor #1 – None

  2. Robert Sprague, Supervisor #2 – None

  3. Jerry Jurgensen, Supervisor #3 – Excused

  4. Allen Nennig, Supervisor #4 – None

E. Town Chairman

a) Recruitment Process for Town Administrator

Chairman Tews stated that in the past the Town hired Steven Hintz on a contract basis and Steven laid out several options for the Town.

Administrator Vitas stated that Steven Hintz runs an agency for Executive Recruitment for Public Sector Managers. Steven and Bill Frueh his partner in this agency can help us and will advertise in ICMA and help us find a replacement. They have done a large numbers of Executive Recruitment here in Wisconsin, they will advertise as well. DMG also does Executive search. I think the advantage with Steven is that he is local. His second recommendation because of the time frame it will take to find someone, if there is any possible of bringing in an Interim Manager and it takes a few months, I would not hesitate to do that based upon what's happening on this staff. It would be great if you can assign responsibility everywhere, but there may be a dire need to have an Interim Manager around. Last time it seemed to take approximately 4 months to find a replacement.

Street Superintendent Randy Gallow, stated that the shift of responsibility to the Departments would work temporarily. There are a lot of projects coming up and feels that we don't want to miss any projects if they were interested. He highly recommends someone to work in the interim so decisions can be made.

F. Other Town Officials

1)George Dearborn, Director of Community Development

a) Airport Overlay/Draft Resolution

Director Dearborn reviewed this issued at the beginning of the agenda.

Director Dearborn also stated that there have been ads placed in the local newspapers and when the applicants they will be reviewed by staff and report back to the Town Board.

Grace Vander Velden, Director of Finance – None

Don Cox, Fire Chief – Chief Cox reported that the Accreditation Team will be coming in this week and may come to a meeting or may contact some of the Board members. They should be completed by April 6, 2000.

William Weiss, Police ChiefNone

Randy Gallow, Street Superintendent - Randy Gallow reported that the street construction season is moving along West American Drive and Olde Buggy Drive. If there is any questions call my Department.

Mike Lettier, Police Commission - Mike Lettier reported that someone is moving out of the Town and a replacement will be needed. His recommendations will be brought forward when received.

  1. MOTIONS BY SUPERVISORS

At 7:58 p.m., MOTION: Supervisor Nennig, second Supervisor Krueger to adjourn into closed session pursuant to 19.85(c) of the Wisconsin State Statutes; considering employment, promotion, compensation or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility. Pursuant to 19.85(g) of the Wisconsin State Statutes; conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved and pursuant to 19.85(2), the Town Board may reconvene into open session to act on any business discussed in closed session. Motion carried unanimously, with Supervisor excused.

  1. ANNOUNCEMENTS – Same as on Agenda
  2. ADJOURNMENT

At 9:35 p.m., MOTION: Supervisor Sprague, second Supervisor Nennig to adjourn the regular meeting of the Town Board of Supervisors. Motion carried unanimously, with Supervisor Jurgensen excused.

Respectfully submitted, 

Mary Heiting, Deputy Clerk